A.Talukdar, J. - (1.) This is the tale told by the bereaved son of a deceased who while living had reached his geriatric age, on account of his ailment went to the doctor for treatment. His treatment resulted in his meeting his creator.
(2.) Anguish, shock, pain and sorrow suffered by the beloved of the deceased and after the tears dried in their arid cheeks prompted the bereaved son (the Opposite Party No. 2) who was not impleaded as a Party but, on account of the directions of the Court he was subsequently impleaded) to file a petition under section 156(3) of the Code of Criminal Procedure (hereinafter referred to as 'the said Code') before the learned Chief Judicial Magistrate, Alipore seeking directions upon Section-'U-1' Police Station to investigate into the allegations levelled in the petition by way of treating it as an FIR against one Dr. Sekhar Chakroborty who was approached for treatment of the deceased Late Hazarilal Agarwal for extraction of his teeth.
(3.) Pursuant thereof under the directions of the learned Chief Judicial Magistrate, Alipore Section 'U-1' Police Station Case No. 360 dated 13.9.1999 under section 304A of the Indian Penal Code (for brevity, 'the IPC') was registered for investigation.;